A Guide to Notices Displayed at Licensed Premises

A Guide to Notices Displayed at Licensed Premises

Licensing Act 2003

1) The Premises Licence summary (or a certified copy) must be prominently displayed at or on the premises concerned - every page should be displayed.

2) The Premises Licence Holder must display a notice at the premises specifying the position held at the premises by the person nominated to keep the Premises Licence or a certified copy under their control.

3) As a result of the updated Mandatory Conditions on all Premises Licences the following drinks if sold or supplied on the premises must be available in the following measures:

beer or cider - half pint

gin, rum, vodka or whisky - 25ml or 35ml (Note: You are only permitted to serve in single measures of either 25ml or 35ml as standard; only one or the other size may be used, not both)

still wine in a glass - 125ml

As well as making the drinks available in the above measures, customers must be made aware of the availability of these measures - for example, by making their availability clear on menus and price lists, and ensuring that these are displayed in a prominent place in the relevant premises (e.g. at the bar).

Customers must also be informed verbally of the availability of these smaller measures when, for example, the customer asks for 'a beer', 'a whisky' or 'glass of wine'.

The above condition does not apply if the drinks in question are sold or supplied having been made up in advance ready for sale or supply in a securely closed container.

Weights and Measures legislation governs the legal requirements for the quantities that specific types of alcoholic drinks must be sold in. These apply to beer, lager, cider, gin, rum, vodka, whisky, wine, and fortified wines such as port and sherry.

If you sell wine by the glass, the measures offered for sale must be displayed in a format, which is readily available without special request such as in a notice, wine list or menu available before the sale is made. It is only necessary to display the price, in a clear legible notice, of one measure of wine by the glass if the others offered for sale are proportionate in price, or to display the price of any that are not proportionate.

However, please note the requirements under the mandatory conditions to make customers aware of the availability of 125ml measures.

You must only sell certain alcoholic drinks in approved measures. These are:

Draught Beer, Lager & Cider must be sold in measures of:

One third pint

One half pint

two thirds pint (known as ‘schooners’)

multiples of one half pint, one pint

Note: These requirements do not apply when beer, lager or cider is mixed with other drinks for example a shandy.

Spirits- Gin, rum, vodka & whisky must be served by the glass in one of these quantities:

25ml or multiples thereof

35ml or multiples thereof

The same quantity (either 25ml or 35ml) must be sold in all bars of the same premises and a notice must be displayed clearly informing customers which quantity is being used.

Note: Cocktails – A cocktail is defined as a drink which contains three or more different liquids (not counting water). The above requirements do not apply when gin, rum, vodka or whisky is served as a cocktail.

Note: As only gin, vodka, rum and whiskey are officially defined as ‘spirits’, other products such as Sambuca, brandy, bailey’s, tequila etc. do not fall within this requirement and may be sold in other measures.

The measure which is used to dispense these ‘other spirits’ must be advertised for the consumer to be able to make an informed choice. You may wish to use the same measures for these ‘other spirits’ as those used for gin, vodka, rum and whiskey, to provide more clarity for customers.

Wine

Still wine by the glass must be sold in measures of:

Under 75ml (such as samples)

125ml

175ml

multiples of 125ml or 175ml

Bottles of wine can also be sold

Note: The quantity of wine by the glass served must be clearly indicated to customers on menus, price lists or on a displayed notice available before the sale is made. It is only necessary to display the price, in a clear legible notice, of one measure of wine by the glass if the others offered for sale are proportionate in price, or to display the price of any that are not proportionate.

However, please note the requirements under the mandatory conditions to make customers aware of the availability of 125ml measures.

Wine served in open carafes (jugs) must be sold in either 250ml, 500ml, 750ml or 1 litre

Fortified wine such as port or sherry must be sold in either 50ml or 70ml and the customer must be informed which quantities are being used.

Measurements

You must use officially stamped measures, metering equipment or glasses. For example, beer can be served using metered pumps or in stamped glasses.

The Consumer Protection from Unfair Trading Regulations 2008

The law on this was changed a few years ago with the introduction of The Consumer Protection from Unfair Trading Regulations 2008. This resulted in the repeal of the Price Marking (Food and Drink Services) Order, which specifically covered price lists and their display.

There is now a general obligation to give sufficient information to customers at the point of sale, so that they are not misled on prices. Providing the nature of spirits in a manner which is unclear or failing to provide the price in a timely fashion before a transactional decision is made may amount to a misleading omission.

If customers are not informed about prices prior to placing an order they may have the right to refuse to accept and pay for drinks (for example where they have purchased a some drinks and the price charged is excessively more than the customer would reasonably expect to have to pay).

Menus and price lists must include all material information required by an average consumer to make an informed choice, which may include the following:

accurate description of the name, brand of the drink including alcoholic strengths where appropriate

prices, inclusive of VAT. It must also be made clear if you have a compulsory service charge, a cover charge or a minimum charge per customer.

Where you have beer pumps and 'optic' stands you should ensure the advertising signs attached to these accurately indicate the brand of drink being dispensed.

How or where you display the information required above is not prescribed but it should be clear and easily readable by the average consumer. The best way to ensure that customers are given the required information is by the use of detailed menus or clearly displayed price list, so there is sufficient information to enable a consumer to make an informed decision before they are committed to a purchase.

Bars should show the price list at the bar where orders are taken. In cafes and restaurants, the prices can be marked in menus or price lists. So customers are informed from the outset prices could be displayed in your window or entrance to your premises.

To fail to show all or part of the information necessary, or to provide misleading information, may be regarded as an unfair trading practice and constitute an offence.

PRS and PPL Licence

With your PRS and PPL licence there is no legal requirement to display the licence at the premises.

Children and Young Persons (Protection from Tobacco) Act 1991 as amended and The Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010.

A warning notice must be displayed in a prominent position, which is clearly visible to anyone purchasing cigarettes, at every retail premises at which tobacco is sold. It must not be less than 297mm x 420mm (A3 size), with characters no less than 36mm high stating:

‘IT IS ILLEGAL TO SELL TOBACCO PRODUCTS TO ANYONE UNDER THE AGE OF 18’

The Smoke Free (Signs) Regulations 2012

A minimum of one no smoking sign must be displayed in the premises.

It must be legible but the size and design is a matter for the premises.

The Companies (Trading Disclosures) Regulations 2008.

Every company must display a sign with its registered name at:

its registered office;

any inspection place, namely, where a company keeps available for inspection any company records which it is required under the Companies Acts to keep available for inspection;

at any location at which it carried on business (unless it is primarily used for living accommodation).

You must display a sign with your company name:

in characters that can be read with the naked eye;

in such a way that visitors to that office, place or location may easily see it;

so that it can be seen at any time, i.e. not only during business hours;

continuously, but if the location is shared by six or more companies, each such company is only required to display its registered name for at least fifteen continuous seconds at least once in every three minutes.

Data Protection Act 1998 and Information Commissioner’s Office

CCTV

You must let people know that they are in an area where CCTV surveillance is being carried out.Signs should:

be visible and readable by members of the public;

contain details of the organisation operating the system, the purpose for using CCTV and who to contact about the scheme (where these things are not obvious); and

be an appropriate size according to the circumstances.

The Health and Safety Information for Employees Regulations 1989

If your premises employs anyone, you must display a health and safety law poster, or provide each employee with a copy of the equivalent leaflet/pocket card, which tells employees what they need to know about health and safety law.

They must display the poster where their employees can easily read it.

Health and Safety Law posters and pocket cards/leaflets are available from your Enforcing Authority which could be either the Health and Safety Executive (HSE) or the Environmental Health Department of your local council.

Health and Safety at Work Etc Act 1974

Health and Safety Policy Statement

A Health and Safety Policy statement sets out how a Company manages health and safety within their workplace.

It demonstrates the organisations attitude towards health and safety and the steps, arrangements and systems the company has in place to ensure compliance with health and safety legislation. The health and safety policy statement should be displayed in a prominent position where employees can easily read it.

Following the requirements which came into force in December 2014, you need to ensure you accurately track, record and communicate to the public 14 of the most common foods (including alcoholic and non-alcoholic drinks) known to cause allergic reactions.

The 14 most common foods (including alcoholic and non-alcoholic drinks) known to cause allergic reactions are:

Celery

Cereals containing Gluten

Crustaceans

Eggs

Fish

Lupin

Milk

Molluscs

Mustard

Nuts

Peanuts

Sesame seeds

Soya

Sulphur dioxide (sometimes known as sulphites).

You should ensure allergen information is supplied on the menu, chalkboards and other written formats. Alternatively, if you chose to provide allergen information verbally, notices are prominently displayed information customers of this.

Further details and information can be found on the Food standard Agency website: www.food.gov.uk

Food Hygiene Rating Scheme

It is good practice to display your food hygiene certificate however it is not (at present) a legal requirement in England (unlike in Wales)- though this may change in the future.

Employers' Liability (Compulsory Insurance) Act 1969

Employers Liability Insurance Certificate

This must state clearly the minimum level of cover provided and the companies covered by the policy. You must display a copy of the certificate of insurance where your employees can easily read it. Since 1 October 2008 they have been allowed to display the certificate electronically. If you choose this method you need to ensure your employees know how and where to find the certificate and have reasonable access to it.

Further recommendations:

Although the following is not a legal requirement, in light of a growing trend for Authorities to request sight of written ages verification policies and an authorisation form to sell alcohol signed by the Designated Premises Supervisor. We advise that you ensure these documents are available, updated where necessary and fully completed.

You should also review your Premises Licence conditions to ensure compliance with any specific conditions relating to the display of additional notices.

If strobe lighting is used, signage should be erected to advise customers of strobe use.

For further information about this – or any licensing issue – contact licensing solicitor Suraj Desor on 0115 953 8500 or 07880 382 193